Dismissed

Mr. Sandeepkumar Yadav v. State of Maharashtra Thr. Secretary Dept of Home Mantralaya Mumbai and Another

Bombay HC16 Jun 2022WP/100/2022

Case brief

AI extract

What is this about?

In a bail petition concerning emergency parole due to COVID-19, the Court dismissed the plea citing a recent ruling that amended prison rules withdrew such privileges. The petition was dismissed, but liberty was granted to reapply if COVID cases rise.

What did the court decide?

Liberty granted to apply for emergency parole if there is a rise in COVID cases.

Mr. Sandeepkumar Yadav Vs State of Maharashtra Thr. Secretary… — Bail and Remand | Bombay HC (2022)

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16-6-2022-cri.wp-100-2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Writ Petition No.100 of 2022

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Mr. Sandeepkumar Yadav,
C.5636,
Aged : Major, About 51 years,
Detained at the Amravati Central Prison,
Amravati.

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… Petitioner

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Versus

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1. State of Maharashtra, through Secretary, Department of Home, Mantralaya, Mumbai 400 032.

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2. The Superintendent, Amravati Central Prison, Amravati.

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… Respondents

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Smt. Mayuri Kulkarni-Dharmadhikari, Advocate (Appointed) for
Petitioner.

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Ms. N.R. Tripathi, Additional Public Prosecutor for Respondents.

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CORAM: SUNIL B. SHUKRE & G.A. SANAP, JJ.
DATE : 16th JUNE, 2022

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ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

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1. Rule. Rule is made returnable forthwith. Heard finally by

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consent of the learned counsel appearing for the parties.

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2. There is no dispute that the issue of grant of emergency

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parole on the ground of COVID-19 Pandemic involved in this petition

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is squarely covered by the view taken by another Division Bench of

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16-6-2022-cri.wp-100-2022.odt

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this Court in Criminal Writ Petition No.580 of 2021 [Ayyaz Khan
Versus State and another] decided on 29-4-2022. In that case, the
Division Bench held that due to subsequent event, namely the
substitution of Rule 19(1)(C) of the Maharashtra Prisons (Mumbai
Furlough and Parole) Rules, 1959, the privilege conferred on the
prisoners for being released on emergency parole due to COVID-19
Pandemic has been withdrawn and as such there was no basis for
granting emergency parole on this ground to the petitioner therein.
Similar is the case with the petitioner herein. Therefore, we find that
there is no substance in this petition.

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3. The petition is dismissed. Rule stands discharged.

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4.We, however, grant liberty to the petitioner to make an
application for grant of emergency parole on the ground of COVID-19
Pandemic, if there is rise in COVID cases.

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5.The legal remuneration of the learned appointed counsel for
the petitioner is quantified at Rs.7,000/- (Rupees Seven Thousand
only) and the same shall be paid by the High Court Legal Services
Sub-Committee, Nagpur.

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Digitally Signed By :P D LANJEWAR Signing Date:18.06.2022 11:57 Lanjewar

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 (G.A. SANAP, J.) (SUNIL B. SHUKRE, J.)

Mr. Sandeepkumar Yadav v. State of Maharashtra Thr. Secretary Dept of Home Mantralaya Mumbai and Another

Case brief

What is this about?

What did the court decide?

Mr. Sandeepkumar Yadav v. State of Maharashtra Thr. Secretary Dept of Home Mantralaya Mumbai and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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